- 66 - money’s worth of any consideration received in exchange therefor. See sec. 2512(b); sec. 25.2512-8, Gift Tax Regs. Petitioners each reported his or her transfer of one-half of the gifted interest as a net gift. Each treated as sales proceeds (consideration received) (1) the amount of Federal and State gift taxes that he or she calculated were to be paid by the children (the gift tax amount) and (2) an amount described on brief as the “mortality-adjusted present value” (mortality- adjusted present value) of the children’s contingent obligation to pay the additional estate tax that would have been incurred on account of section 2035(c) (the 2035 tax) if that petitioner had died within 3 years of the date of the gift. Petitioners describe their computation of the mortality-adjusted present value as follows: Petitioners * * * estimated the amount of estate tax that would be owed under I.R.C. � 2035(b) based on an expected 55% marginal estate tax rate. Then Petitioners adjusted that amount to present value at the applicable discount rate under I.R.C. � 7520 for January 1996, with further adjustment for the possibility that they would survive each year of the three-year period with no estate tax actually being owed. The probability of death in each of the ensuing three years was calculated, and then the probability- weighted tax amounts were discounted to present value at the required interest rate. All calculations were made, as required under I.R.C. � 7520, by reference to Petitioners’ ages as of their nearest birthdays, the applicable interest rate under I.R.C. � 7520 for January, 1996, and mortality factors provided by Table 80CNSMT (as found in Respondent’s Pub. 1457, “Actuarial Values, Alpha Volume”).Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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